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CIRCULAR No

CIRCULAR No. 05/1999/TT-TCBD OF OCTOBER 6, 1999 GUIDING THE IMPLEMENTATION OF THE GOVERNMENT’S DECREE No. 109/1997/ND-CP OF NOVEMBER 12, 1997 ON POST AND TELECOMMUNICATIONS REGARDING THE MANAGEMENT OF AND GRANTING PERMITS FOR THE USE OF RADIO FREQUENCIES AND TRANSMITTERS

On November 12, 1997, the Government issued Decree No. 109/1997/ND-CP on Post and Telecommunications. The General Department of Post and Telecommunications hereby guides the implementation of the regulations on the management of and the granting of permits for the use of radio frequencies and transmitters as follows:

I. GENERAL PROVISIONS

1.1. The General Department of Post and Telecommunications exercises the unified State management over the frequency spectrum, radio transmitters and satellite orbits under Vietnam’s sovereignty. This Circular guides the procedures for granting permits for the use of radio frequencies and transmitters and the registration of satellite orbits.

1.2. Domestic and foreign organizations and individuals in Vietnam (except for the Ministry of Defense and the Ministry of Public Security which are governed by separate regulations) that wish to install, use and reserve radio transmitters on the Vietnamese territory and to use radio frequencies for such services as fixed service, mobile service, radio broadcast, television, maritime, radio navigation service, aeronautical radio navigation service, radio location service, satellite, standard signal broadcast and other operations shall have to ask for permission from the General Department of Post and Telecommunications and only be allowed to install, use or reserve them after obtaining permits from the General Department of Post and Telecommunications; and have to abide by the regulations in this Circular.

1.3. A number of terms used in this Circular shall be construed as follows:

1.3.1. Radio is a general term applied when using radio frequencies.

1.3.2. Radio waves means the electromagnetic waves with frequencies lower than 3000 GHz which spread in space without guidance by man-made waves.

1.3.3. Frequency fixing means a State management body permits a radio station to use a radio frequency or a channel of radio frequencies under the specific conditions.

1.3.4. Harmful interference means the interference which is detrimental to the operations of lawful radio communications services or obstructs, disrupts a radio communication service being underway.

1.3.5. Radio transmitters mean equipment that transmit, receive-transmit radio waves or equipment that emit radio waves (hereinafter referred collectively to as radio transmitters) which are used for fixed or mobile communication services, maritime navigation, aviation, radio-television broadcast, radio location finding, satellite, standard signal transmission (time signals, standard frequencies); and equipment used in science, technologies or public health that emit radio waves and in other services.

1.3.6. The radio communication service means the service covering the radio wave transmission, emission or reception for specific telecommunication purposes.

1.3.7. Fixed service means a radio-communication service between specified fixed points.

1.3.8. Mobile service means a radio-communication service between mobile and land stations or between mobile stations.

1.3.9. The maritime mobile service means a mobile service between coast stations and ship station, or between ship stations, or between associated on board communication stations. Survival craft stations and emergency position-indicating radio-beacon stations may also participate in this service.

1.3.10. Aeronautical mobile service means a mobile service between aeronautical stations and aircraft stations, including survival craft stations; emergency position-indicating radio beacon stations may also join this service on designated distress and emergency frequencies.

1.3.11. The broadcasting service means the radio communication service in which the transmissions are intended for direct reception by the general public. This service may include sound transmissions, television transmissions or other types of transmissions.

1.3.12. Amateur service means the radio- communication operation service aimed at self-training, intercommunication and technical investigations conducted by amateurs. They are authorized persons interested in radio technique only for personal aims and without pecuniary interest.

1.3.13. Radio station means one or more radio transmitters or receivers of a combination of both radio transmitters and receivers, including the accessory equipment, necessary at a location for carrying on a radio communication service or the radio astronomy service. Each station shall be classified by the service in which it operates permanently or temporarily.

1.3.14. Fixed station means a station in the fixed service.

1.3.15. Mobile station means a station in the mobile service intended to be used while in motion or during halts at unspecified points.

1.3.16. Aeronautical station means a land station in the aeronautical mobile service. In certain instances, an aeronautical station may be located on board ship or on a platform at sea.

1.3.17. Aircraft station means a mobile station in the aeronautical mobile service, excluding a survival craft station.

1.3.18. Broadcasting station means a station in the broadcasting service.

1.3.19. Amateur station means a station in the amateur service.

1.3.20. Ship station means a radio station in the maritime mobile service, located on board a vessel or fishing means of organizations and individuals operating on Vietnamese or international sea areas, as stipulated in the Government’s Decree No. 91/CP of August 23, 1997.

1.3.21. Radio stations located on fishing means are radio stations installed on ships, boats and mobile or non-mobile facilities on the sea, which are used for marine product exploitation, processing or culture, for logistic services, gathering marine products, survey, inspection, control and protection of marine resources as stipulated in the Government’s Decree No. 72/1998/ND-CP of September 15, 1998.

1.3.22. Cordless telephone (type of prolonged subscription) means a transmitting/receiving equipment which includes two parts communicating with each other through radio wave:

- Part 1 (parent machine) is the fixed part connected with a telephone network;

- Part 2 (dependent part) is the part which may be fixed or mobile, sharing the telephone number with the parent machine.

1.4. The fixing of frequencies, the granting of permits and the use of radio frequencies must be compatible with the services allocated according to Vietnam’s Planning on radio frequency spectrum for various services, already approved by the Prime Minister in his Decision No. 85/1998/QD-TTg of April 16, 1998.

1.5. Radio transmitters imported into Vietnam must acquire the standard compatibility certification and the import permit of the General Department of Post and Telecommunications.

1.6. Radio transmitters in the radio communication networks must be granted with permits for network establishment by the General Department of Post and Telecommunications (according to the provisions in Circular No. 04/1998/TT-TCBD of September 29, 1998 guiding the implementation of the Government’s Decree No. 109/1997/ND-CP on telecommunication networks and services), in addition to the permits for the use of frequencies and radio transmitters.

1.7. The ship stations must be inspected in term of their technique and ship radio equipment service when the permits are granted.

1.8. Equipment used in science, industries, healthcare with radio emission shall have to comply with the regulations on electromagnetic field compatibility or the anti-interference regulations of the General Department of Post and Telecommunications.

1.9. The General Department of Post and Telecommunications shall negotiate the frequencies used by the Ministry of Defense and the Ministry of Public Security.

1.10. Organizations and individuals that are granted permits to use radio frequencies and/or transmitters shall have to pay fees for the allocation and use of frequencies according to Decision No. 158/CT of May 18, 1991 of the Chairman of the Council of Ministers (now the Prime Minister) and the regulations of the Ministry of Finance.

The General Department of Post and Telecommunications (the Radio Frequency Department) shall organize the frequency fee collection and payment for all permits for the use of radio frequencies and transmitters.

II. REGULATIONS ON GRANTING OF PERMITS FOR USE OF RADIO FREQUENCIES AND/OR TRANSMITTERS FOR VARIOUS SERVICES

2.1. Types of permits:

2.1.1. The General Department of Post and Telecommunications is the body which grants radio frequency permits to users mentioned at Point 1.2 of this Circular, including:

+ The permit for use of radio frequencies and transmitters;

+ Radio frequency permits of other types (the frequency spectrum permit, the equipment category permit…).

2.1.2. For the permits for the use of radio frequencies and transmitters, the General Department of Post and Telecommunications shall stipulate the order and procedures for granting, extending and re-granting permits upon any additional changes.

For other types of radio frequency permits, the General Department of Post and Telecommunications shall set separate regulations.

2.2. Responsibilities of units under the General Department of Post and Telecommunications:

2.2.1. The Radio Frequency Department shall have the task to grant, extend and re-grant all types of permits for radio frequencies used in radio communication services.

2.2.2. The General Department of Post and Telecommunications and regional Post and Telecommunications Departments shall grant, extend and re-grant permits for setting up radio communication networks which require the granting of network establishment permits according to the responsibility assignment in Circular No. 04/1998/TT-TCBD.

2.3. Permit-granting procedures

2.3.1. Granting new permits for use of radio frequencies and transmitters in radio communication services which do not require the granting of network establishment permits, including ship stations, aircraft and fishing means stations; stations in the broadcasting service; stations in the maritime services, aeronautical services according to international communication rules; amateur radio stations; warning equipment, remote control devices; cordless telephone equipment (type of prolonged subscription).

A dossier of application for permit shall include:

2.3.1.1. The application for the permits to use radio frequencies and/or transmitters

2.3.1.2. The declaration form applying for the permit to use radio frequency and transmitter for each machine (including reserve machine), made according form set by the General Department of Post and Telecommunications.

2.3.1.3. The brief curricula vitae or list of operators, or responsible persons, considered and approved by the competent police offices.

2.3.1.4. The notarized copies of the establishment decision and the investment license (for units with foreign investment capital).

Particularly for the following stations, the dossier shall include:

2.3.1.5. For ship station: The required documents shall be the same as those stated at Points 2.3.1.1, 2.3.1.2 and 2.3.1.4, declaring for each ship station, and must be added with:

- The ship station operators’ certificates granted by the General Department of Post and Telecommunications.

- The tonnage and operation scope certifications granted by the Registry Department and Vietnam Maritime Bureau.

Particularly for radio stations on river ships and boats, which are used for various purposes, the required documents shall be the same as those prescribed at Points 2.3.1.1, 2.3.1.2, 2.3.1.3 and 2.3.1.4.

2.3.1.6. For radio stations located on fishing means:

a) If the equipment are owned by organizations or business units: The required dossiers shall be the same as those mentioned at Points 2.3.1.1, 2.3.1.2, 2.3.1.3 and 2.3.1.4 and must be added with the practice license granted by the competent State bodies (the notarized copy).

b) If the equipment are owned by cooperation groups or individuals, the required dossiers shall include:

+ The declaration of application for the use of radio frequencies and transmitter for each station, made according to the form set by the General Department of Post and Telecommunications (Appendix 1) with certification by the People’s Committee of the wards or communes of their residence.

+ The brief curriculum vitae examined and approved by the competent police office.

+ The practice license granted by the competent State body (its photocopy).

2.3.1.7. For warning equipment and remote control devices using radio waves (the frequency band in Appendix 3), the required dossier shall be the same as those mentioned at Points 2.3.1.1 and 2.3.1.2.

2.3.1.8. For cordless telephones - the type of prolonged subscription, (the frequency band prescribed in Appendix 4), the required dossier shall be the same as those mentioned at Point 2.3.1.1 and 2.3.1.2.

Particularly for prolonged subscription telephones with the maximum capacity being lower than 1w, the use permit is not required.

2.3.1.9. For stations in the broadcasting service: To comply with the guidance in Joint Circular No. 06/1997/TTLT of November 28, 1997 of the Ministry of Culture and Information and the General Department of Post and Telecommunications.

2.3.1.10. For amateur radio stations: To comply with the provisions in the Amateur Radio Rules issued together with Decision No. 99/1998/QD-CSBD of February 14, 1998 of the General Department of Post and Telecommunications.

2.3.1.11. For foreign diplomatic missions and consular offices in Vietnam, the representative offices of international organizations in Vietnam and foreign high-level delegations coming to visit Vietnam, which enjoy the diplomatic privilege and immunity status, the required dossiers shall be the same as those mentioned at Points 2.3.1.1 and 2.3.1.2, and be enclosed with the written proposal of the Ministry for Foreign Affairs.

2.3.2. For the granting of new permits for the use of radio frequencies and transmitters in the radio communication service of the radio communication networks which must be granted the establishment permits, the dossier shall include:

2.3.2.1. The application for the permit, enclosed with written opinions of the managing agencies (if any), for Vietnamese agencies, organizations and enterprises; or with written proposals of the Ministry for Foreign Affairs, for diplomatic missions and international organizations enjoying the diplomatic status;

2.3.2.2. The notarized copy of the establishment decision or the investment license (for units with foreign investment capital);

2.3.2.3. The plan for network establishment, clearly stating the structure, scope of operation, technologies to be used, equipment, technical standards of the network and equipment, the frequency to be used (if any);

2.3.2.4. The brief curriculum vitae of the network manager and operator with certification by the competent police office.

2.3.2.5. The declaration of application for the use of radio transmitter and frequency, made according to form set by the General Department of Post and Telecommunications.

2.3.3. Extending, re-granting (in case of change or supplement) permits for the use of radio frequencies and transmitters:

2.3.3.1. When the permits for the use of radio frequencies and transmitters near their expiry, the concerned organizations and individuals, if wishing to continue using them (without any changes or supplements to contents prescribed in the permits), shall have to fill in the procedures for the extension of the permits 30 days before their expiry.

2.3.3.2. When there is any change or supplement to the contents prescribed in the permits, the procedures applying for re-granting of the permits (including both the unexpired and expired permits) shall be carried out.

2.3.3.3. When radio transmitters are no longer used, notices thereon must be made immediately to the licensing agencies so that the latter may allocate such frequencies to other organizations and individuals for use, thus saving radio frequency spectrum.

2.3.3.4. The dossier of application for extending or re-granting (in case of change or supplement) the permits for use of radio frequencies and transmitters, for which the network establishment permit is not required, shall include:

+ The application for extension or re-granting of the permit.

+ The additional declaration if there is any change (according to set form, Appendix 1).

2.3.3.5. The dossier of application for extending or re-granting (in case of change of supplement) the permits for use of radio frequencies and transmitters, for which the network establishment permit is required:

- When the network establishment permit has changes in its contents, the dossier shall include:

+ The application for the amendments and supplements;

+ The description of details planned for amendments and supplements;

+ Other documents relating to the amendment and supplement;

+ The copy of the valid permit for network establishment.

+ The additional declaration if there is any change (according to set form, Appendix 1).

- When the network establishment permit expires but sees no changes in its contents, the dossier shall include:

+ The application for extension;

+ The copy of the valid permit for network establishment.

+ The additional declaration if there is any change (according to set form, Appendix 1).

- When the network establishment permit remains effective but see no changes in its contents, the required dossier shall be the same as those at Point 2.3.3.4 and be added with the copy of the valid network establishment permit.

2.3.4. The time limits of the permits for use of radio frequencies and transmitters: The maximum time limits for permits of all types shall be 2 years (for special-use networks) and 5 years (for public networks) and must not exceed the effective duration of the permit for establishment of the radio communication network (for networks with establishment permits).

2.3.5. The time for granting the permits for use of radio frequencies and transmitters:

2.3.5.1. The permit-granting bodies shall have to grant permits for use of radio frequencies and transmitters within the maximum time limit of 14 days after fully receiving the valid dossiers that meet the permit-granting requirements.

2.3.5.2. If the dossier fails to fully meet the requirements, 3 days after receiving the dossier, the permit-granting body shall have to inform the applicant thereof for supplement and completion. The time for granting the permit shall be calculated from the date the permit-granting body fully receives the supplementary documents.

2.3.5.3. Organizations and individuals applying for the use of radio frequencies and transmitters shall have to fully and accurately provide the technical data in accordance with the administrative procedures, meeting the permit-granting requirements as prescribed.

2.3.5.4. In case of refusal to grant permits for use of radio frequencies and transmitters, the permit-granting body shall reply in writing within 7 days after the receipt of valid dossiers, clearly stating the reasons therefor.

2.3.5.5. The permits for use of radio frequencies and transmitters must be preserved and always accompanying the transmitters.

2.3.6. Places for receiving dossiers, guiding declarations and handing permits:

2.3.6.1. For the dossiers of application for new permits for equipment in the radio communication networks which must be granted the establishment permits and the dossiers of application for re-granting of permits for establishment of radio communication networks, the addresses for receiving them and handing the permits shall be:

The General Department of Post and Telecommunications, 18 Nguyen Du, Hanoi;

Region II Post and Telecommunications Department, 27 Nguyen Binh Khiem, District 1, Ho Chi Minh City;

Region III Post and Telecommunications Department, 42 Tran Quoc Toan, Da Nang city.

2.3.6.2. For the dossiers of application for new permits or for extension of permits for radio transmitters which require no network establishment permits; and the dossiers of application for extension or re-granting of permits for the use of radio frequencies and transmitters, for which the network establishment permits have not yet expired, the addresses for receiving the dossiers and handing the permits shall be:

The Radio Frequency Department - 18 Nguyen Du, Hanoi; or

Regional Frequency Control Centers of the Radio Frequency Department.

2.3.6.3. The agencies at the above addresses, when receiving the dossiers, shall have to guide the applicants and inspect the dossiers, ensuring that the customers fully and accurately declare the parameters according to forms set by the General Department of Post and Telecommunications (Appendix 1).

2.4. Handling administrative violations in the field of management of radio frequencies and transmitters: All acts of administrative violations in the management of radio frequencies and transmitters shall be sanctioned according to the provisions in Article 14, Section III, Chapter II, Decree 79/CP of June 19, 1997 of the Government on sanctioning the administrative violations in the field of State management over the Post, Telecommunications and Radio Frequencies.

III. INTERNATIONAL REGISTRATION OF RADIO FREQUENCIES AND SATELLITE ORBITS

3.1. International registration of frequencies and satellite orbits:

3.1.1. Registration subjects: Vietnamese and foreign agencies and organizations in Vietnam which use radio frequencies and transmitters for such services as satellite communications, maritime or aeronautical radio-communication, radio-television transmission and other radio-communication services shall have to make the international registration when:

- Communicating with radio stations overseas; or

- Being capable of causing harmful interferences beyond the national borders; or

- Wishing to be recognized internationally.

3.1.2. The dossier of application for international registration of frequencies shall include:

- The application for international registration of frequencies.

- The permit for the use of radio frequencies and transmitters granted by the General Department of Post and Telecommunications.

- The declaration made according to set form for each service (Appendix 6).

3.1.3. Dossier-receiving address:

The Radio Frequency Department - 18 Nguyen Du, Hanoi.

3.1.4. Basing itself on the dossiers of application for international registration, the General Department of Post and Telecommunications shall consider and compare them with regulations, technical criteria, international services and national data base in order to unify the contents and carry out procedures for international registration and declaration according to forms set by the International Telecommunications Union (ITU) for each service (Appendix 6).

3.1.5. The deployment of the use and exploitation of internationally registered frequencies shall have to comply with the provisions in the Radio Communications Regulations of the International Telecommunications Union (ITU).

IV. INSPECTION, CONTROL AND HANDLING OF HARMFUL INTERFERENCES

4.1. The General Department of Post and Telecommunications shall organize and manage the radio frequency and transmitter inspection and control system nationwide with a view to detecting violations in the use of radio frequencies and transmitters, handling in time the violations, solving harmful interferences, raising the quality and efficiency of the use of radio frequencies.

4.2. The organizations and individuals allowed to use radio frequencies and transmitters shall have to strictly comply with the contents prescribed in their permits and with the provisions on measures against harmful interferences:

- To maintain the transmission frequencies within the permitted deviation range;

- To reduce harmonic emission and parasitic emission at the lowest value;

- To use the method of wave transmission with the narrowest bandwidth;

- To restrict wave transmission to unnecessary directions;

- To use the lowest capacity enough to ensure the communication quality.

4.3. When meeting with harmful interferences, organizations or individuals shall have to send to the permit-granting body the "report on radio communication interference" according to set form (Appendix 5) and comply with the guidance of the permit-granting body in order to determine the sources of interference and measures to settle harmful interference.

Agencies and organizations using radio frequencies within the harmful interference areas shall have to coordinate with and create favorable conditions for one another in quickly and accurately detecting the sources of interference and handling interference with efficiency.

4.4. The administrative handling of acts of failing to apply measures against interference and causing harmful interference shall comply with Article 15, Section III, Chapter III, Decree No. 79/CP of the Government issued on June 19, 1997 prescribing sanctions against administrative violations in the field of State management over Post, Telecommunications and Radio Frequencies.

V. ORGANIZATION OF IMPLEMENTATION

5.1. This Circular takes effect 15 days after its signing. All the previous regulations contrary to this circular are annulled.

5.2. Organizations and individuals that have not yet obtained the use permits granted by the General Department of Post and Telecommunications but are exploiting and using radio frequencies and transmitters for operations mentioned at Point 1.2 shall have to fill in the procedures applying for the use permits according to the guiding documents of the General Department of Post and Telecommunications within 6 months after this Circular takes effect.

5.3. In the course of implementation, if any problem arises, it should be promptly reported to the General Department of Post and Telecommunications for further guidance, or for consideration, amendment and supplement.

General Director of Post and Telecommunications
MAI LIEM TRUC